Terms of Service

Last updated on January 5, 2023

These Terms and Conditions are entered into by and between you and JamsNext (“Company”, "we”, “our”, or “us”). “You” may refer to Applicant or Recruiter, as defined below. These Terms and Conditions govern your access and use of https://JamsNext.com/ (our “Website”) and the web-based services we provide (“Services”), whether as a guest of the website or a registered user. By accessing the Website or using our Services, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use our Website and Services.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and they apply to all access to and use of our Website and Services thereafter. Your continued use of our Website and Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes. Any changes to the Dispute Resolution and Governing Law sections will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within our Website.

Accounts

To use our Services, you must create a JamsNext account. We have the right to disable any user’s account at any time at our sole discretion for any reason, including if you violate any provision or guidelines found in these Terms and Conditions. We may, but have no obligation to, remove, block, delete, edit, or monitor any content or accounts on our Services. Information shared with JamsNext and on our Services is subject to our Privacy Policy.

Recruiter

Recruiters such as colleges, universities, schools, career coaching companies, and outplacement companies who work with multiple Applicants may sign up for an account (“Organization Account”). Once a recruiter account is created, you may invite other staff from your organization to join, invite Applicant to attend a meeting, post internal job opportunities, browse through your Applicant’ profiles and share Applicant profiles with your employer partners.

Applicant

Applicants may create an account by using their personal email address (“Applicant Account”). Applicants use JamsNext as a service provider to manage their career center functions, such as tracking Applicant placements, Resume Customization, Career coaching services and sharing candidate profiles or resumes with interested recruiters. Each applicant must enable their account and choose a password before their account is created. In the event an applicant is using our Services, you will receive an email with a verification code to enable your account. Once an applicant Account is created, the user shares their profile with recruiters using our services.

Treat your password and any other piece of information used as part of our security procedures as confidential. Do not disclose any confidential information to any other person or entity. You acknowledge that your applicant account is personal to you and agree not to provide any other person with access to it. You agree to notify us immediately of any unauthorized access to or use of your Applicant Account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Guidelines

Understand that our Services provide a way for Applicant to connect with professionals in various industries. You agree that we are not responsible or liable for your conduct. We reserve the right to monitor or become involved in disputes between our users, but have no obligation to do so. Users are responsible for all the content they upload to our Services and all their interactions with other users. As a user, you agree not to use our Services:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit other users or people in general.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms and Conditions.
  • To transmit, or procure the sending of, any advertising or promotional material without prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm our Services or users of our Services, or expose them to liability.

    • Additionally, users agree not to upload any content to our Services that:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Is likely to deceive any person.
  • Give the impression that content emanates from JamsNext LLC or are endorsed by us or any other person or entity, if this is not the case.

    • Employer and Recruiter Guidelines

    Employers and recruiters agree not to discriminate based on ethnicity, national origin, religion, age, gender, sexual orientation, disability, or veteran status as prohibited by law. Additionally, you may not stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities.

    Employers and recruiters may not use the data of Applicant or other users for the purpose of marketing any employment opportunities other than the opportunities posted through our Services, and may not use or allow a third party to use the data of Applicant for marketing or any other reason. Unsolicited communications with Applicant may lead to the removal of an employer or recruiter from our Services, at our sole discretion.

    Employers and recruiters agree to keep Applicant identities and information confidential. You agree not to disclose any information related to a Applicant within your company, except as necessary to make hiring related decisions about that Applicant.

    Licenses

    Applicants with a registered applicant account are granted a personal, limited account to access and use our Services. Recruiters are provided with a personal, limited account to access and use our Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services.

    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Services in breach of the Terms and Conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Services, or any content on our Services is transferred to you, and all rights not expressly granted are reserved by JamsNext LLC. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

    We do not claim ownership of any content that our users post on or through the Services. By making content available on or through the Services, you grant JamsNext LLC a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your content only in connection with the operation of our Services.

    Reliance on Information Posted

    The information presented on our Website and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to our Website or Services, or by anyone who may be informed of any of its contents.

    Intellectual Property

    Content created by JamsNext is protected by copyright, trademark, patent, trade secret and other laws, and as between you and JamsNext, we own and retain all rights to content provided by JamsNext and the Services we provide. Users will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying content provided by JamsNext. The JamsNext name and logo are our trademark, and may not be copied, imitated or used, in whole or in part, without or prior written permission. Any graphics, icons or scripts included in our Services or Website may not be copied, imitated, or used, in whole or in part, without our prior written permission.

    We respect other people’s rights, and if you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate, at our sole discretion.

    Third Party Links

    We are not responsible for any links provided by third parties in our Services. These links are not under our control and are only provided for your convenience. You acknowledge sole responsibility and assume all risk arising from your use of any third party services.

    Indemnification

    You agree to release, discharge, defend, indemnify and hold harmless JamsNext LLC and its parents, subsidiaries, officers, directors, employees and agents, assigns, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related or arising out of the use of the Services, your breach of these Terms and Conditions or your failure to comply with applicable law.

    Warranty Disclaimer

    You use the Website and Services at your own risk. Our Website and Services are provided on an “as is” “as available” and “with all faults” basis. To the fullest extent permissible by law, neither JamsNext or any of its employees, partners, managers, officers or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (i) the Services; (ii) the Website; (iii) any content found on either the Services or the Website; (iv) or security associated with the transmission of information to JamsNext or via the Services. JamsNext our employees, partners, managers, officers and agents disclaim all warranties, express or implied, including but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

    JamsNext hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

    Some jurisdictions do not allow the exclusion of implied warranties or limitations as specified here and to the least extent as allowed by law, such exclusions and limitations may not apply to you.

    Limitation of Liability

    To the fullest extent provided by law, in no event will JamsNext, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, our Services, any content linked on our Website or Services, any content on the Website or Services or such other websites or any services or items obtained through the Website or Services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

    Waiver and Severability

    No waiver of by JamsNext of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of JamsNext to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

    If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

    Dispute Resolution

    At JamsNext's sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of our Website or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

    Governing Law

    All matters relating to our Website, Services, and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the California without giving effect to any choice or conflict of law provision or rule (whether of the California or any other jurisdiction).

    Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or our Website or Services shall be instituted exclusively in the federal courts of the United States or the courts of the state of California, in each case located in the City of Fremont, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    Children Under the Age of Eighteen

    Our Services are not intended for children under eighteen years of age. No one under age eighteen may provide any information to us. We do not knowingly collect personal information from children under eighteen. If you are under eighteen, do not use or provide any information to us. If we learn we have collected or received personal information from a child under eighteen without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under eighteen, please contact us at info@JamsNext.com.

    Entire Agreement

    These Terms and Conditions entered into between you and JamsNext applicable to the Services, constitute the sole and entire agreement between you and the Company with respect to the Services.

    Your Comments and Concerns

    All feedback, comments, requests for technical support and other communications relating to the Services should be directed to info@JamsNext.com